Upper Tribunal (Administrative Appeals Chamber)

CC v Secretary of State for Work and Pensions (PIP) (Personal independence payment -“ daily living activities - Activity 7: communicating verbally) [2017] UKUT 429 (AAC) (29 September 2017)

Use of lip reading re activity 7. I was concerned in EG-v-SSWP (PIP) [2017] UKUT 101 (AAC) that pending any amendment of the regulations to reflect a policy intent to discount lip-reading ability the appellants for whom this may be an issue were dealt with at appeal fairly across-the-board. I suggested that the Secretary of State provide a general submission to the Social Entitlement Chamber pending any regulation change. This has not been done although guidance has been issued to decision-makers to say that lip reading is not considered an acceptable way to interpret verbal communication. I am told that this should ensure that what there will be a consistent approach with regard to that issue by decision-makers, but I point out that the decision-makers guide is not binding on tribunals.

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